CIHM 
Microfiche 
Series 
(Monographs) 


ICMH 

Collection  de 
microfiches 
(monographies) 


Canadian  Institut*  for  Historical  Microraproductiona  /  Institut  Canadian  da  microraproductions  historiquet 


1996 


Technical  and  Bibliographic  Notes  /  Notes  technique  et  bibliographiques 


The  Institute  tias  attempted  to  obtain  ttie  best  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibliographically  unique,  which  may  alter  any  of 
the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checked  below. 


n 
n 

D 

□ 
n 

D 

n 
n 
n 
□ 


Coloured  covers  / 
Couverture  de  couleur 

Covers  damaged  / 
Couverture  endommagee 

Covers  restored  and/or  laminated  / 
Couverture  restaurde  e(/ou  pelliculee 

Cover  title  missing  /  Le  titre  de  couverture  manque 

Coloured  maps  /  Cartes  g^raphiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)  / 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations  / 
Planches  et/ou  illustrations  en  couleur 

Bound  witti  other  material  / 
Relje  avec  d'autres  documents 

Only  edition  available  / 
Seuie  edition  disponible 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin  /  La  reliure  serr^e  peut 
causer  de  I'ombre  ou  de  la  distorsion  le  long  de 
la  marge  interieure. 

Blank  leaves  added  during  restoratkxis  may  appear 
within  .  ^  text.  Whenever  possible,  these  tiave 
been  omitted  from  filming  /  II  se  peut  que  certaines 
pages  blanches  ajoutees  lors  d'un3  restauration 
apparaissent  dans  le  texte,  mais,  k)r5que  ceta  etait 
possible,  ces  pages  n'ont  pas  ete  film^es. 


L'Institut  a  microfilme  le  meilleur  examplaire  qu'il  lui  a 
ete  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire  qui  sent  peut-dtre  uniques  du  point  de  vue  bibli- 
ographique,  qui  peuvent  modifier  une  image  reproduite. 
ou  qui  peuvent  exiger  une  modifications  dans  la  melh- 
ode  normale  de  filmage  sent  indiqu^s  ci-dessous. 

I     I      Coloured  pages  /  Pages  de  couleur 

I     I     Pages  damaged  /  Pages  endommagees 

I     I      Pages  restored  and/or  laminated  / 
' — '      Pages  restaurees  et/ou  pellicultes 

r^      Pages  discoloured,  stained  or  foxed  / 
'— '      Pages  dicolorees,  tachetee?  ou  piquees 

I     I      Pages  detached  /  Pages  detachees 

rT]      Showthrough/ Transparence 

I     I      Quality  of  print  varies  / 

' — '      Quality  inhale  de  I'impression 

I     I      Includes  supplementary  material  / 
' — '      Comprend  du  materiel  suppiementaire 

I  I  Pages  wholly  or  partially  obscured  by  errata 
' — '  slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image  /  Les  pages 
totalement  ou  parlieltement  obscurcies  par  un 
feuillet  d'errata,  une  pelure,  etc.,  ont  ete  filmees 
a  nouveau  de  fa^on  a  obtenir  la  meilleure 
image  possible. 

I  I  Opposing  pages  with  varying  colouration  or 
' — '  discolourations  are  filmed  twice  to  ensure  the 
best  possible  image  /  Les  pages  s'opposant 
ayant  des  colorations  variatiles  ou  des  d^ol- 
orations  sont  filmees  deux  fois  afin  d'obtenir  la 
meilleur  image  possible. 


D 


Additional  comments  / 
Commentaires  suppl^mentaires: 


This  ittin  it  f  jlm«d  at  the  rMtuetion  ratio  chtcktd  balow/ 

Ce  documant  Mt  fiime  au  taux  de  rMuction  indtquc  ci-dessous. 

10X  14X  18X 


22X 


26X 


SOX 


u 

D 

± 

1 

tjx 


16X 


Th«  copy  tilmtd  h«r«  hu  ba«n  raproduead  Ihankt 
10  th*  ganarMitv  o<: 

National  Library  of  Canada 


L'aMamplaira  film*  fut  riproduit  grtca  t  la 
g*n«rotiM  da: 

Bibliothequa  nationale  du  Canada 


Tha  imagaa  appaaring  hara  ara  the  baat  quality 
pouibia  conaidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  apacificationa. 


Lai  imagat  tuivantai  ont  ttt  raproduiia*  avac  la 
plus  grand  toin,  compta  tanu  da  la  condition  at 
da  la  nottat*  da  I'aaamplaira  filmt,  at  an 
conformit*  avac  laa  eondiliona  du  eonirai  da 
fllmaga. 


Original  copiaa  in  prinlad  papar  covan  ara  Nlmad 
baginning  with  tha  from  eovar  and  anding  on 
tha  laat  paga  with  a  printad  or  illuatratad  impraa- 
tlon.  or  tha  back  covor  whan  appropriata.  All 
othor  original  copiaa  ara  filmad  baginning  on  tha 
firat  paga  with  a  printad  or  illuatratad  impraa- 
>ion.  and  anding  on  tha  laat  paga  with  a  printad 
or  illuatratad  impraaaion. 


Laa  aaamplairaa  originaux  dont  la  eouvanura  an 
papiar  aat  Imprimaa  aont  filmaa  an  commancant 
par  la  pramiar  plat  at  an  larminant  soil  par  la 
darniira  paga  qui  comporta  una  amprainia 
d'Impraaaion  ou  d'illuatraiion.  toit  par  la  aacond 
plat,  aalon  la  eai.  Toua  laa  autraa  aaamplairai 
orlginaux  aont  filmto  an  commancant  par  la 
pramiAra  paga  qui  compona  una  amprainta 
d'Impraaaion  ou  d'illuatration  at  tn  tarminant  par 
la  darniAra  paga  qui  comporta  una  talla 
amprainta. 


Tha  laat  racordad  frama  on  aach  microficha 
shall  contain  tha  symbol  -^  Imaaning  "CON- 
TINUED"!, or  tha  symbol  V  Imaaning  "END"), 
whiehavar  appliaa. 

Mapa,  plataa.  charu,  ate.  may  ba  filmad  at 
diffarant  raduction  ratios.  Thosa  too  larga  to  ba 
antiraly  includad  in  ons  axposura  ara  filmad 
baginning  in  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bottom,  as  many  framas  as 
raquirad.  Tha  following  diagrams  illustrata  tha 
mathed: 


Un  daa  symbolaa  suivanta  apparaiira  sur  la 
darnitra  imaga  da  chaqua  microficha.  salon  la 
caa:  la  symbola  —m-  signifia  "A  SUIVRE",  la 
symbol*  ▼  signifia  "FIN". 

Laa  cartaa,  planchas.  tablaaux.  ate.  pauvant  atra 
filmts  1  daa  taua  da  reduction  difftranis. 
Lorsqua  la  documant  aat  trop  grand  pour  atra 
raproduit  an  un  saul  elicha.  il  aat  film*  S  panir 
da  I'angla  sup*riaur  gaucha.  da  gaucha  *  droita. 
at  da  haut  an  bas.  an  pranant  la  nombra 
d'imagaa  ntcaasaira.  Laa  diagrammaa  suivants 
illustrant  la  mOthoda. 


MICtOCOPV    RESCXUTION   TBT  CHART 

(ANSI  ond  ISO  TEST  CHART  No    2} 


1.0 

Ifl^  i^ 

s 

t  Hi,   ■" 

I.I 

"  «^  K 

1^  t^  %z 


^    APPLIED  ItVHGE     In, 


"Ourselves" 


The  H  N.Mr.  JUSTICE  WILLIAM 
REN  WICK  RIDIJELL 

of  TORONTO  (Kings  Bench  Divn.  H.  C.  J.,  One.) 
In  Responie  to  the  Toast  ut  the 

ANNUAL  DINNER 


New  York  State  Bar  Association 


SYRACUSE,  N.  Y,  JANU.\RY  19,  20,   1911 


'Ourselves" 


With  the  tnmphnicnts  of 

Hon.  VVii-i.iAM  Renwtck  RiniiEi.i..  R.  A.,  I.I..  D. 


OF  THE 

New  York  State  Bar  Association 


SYRACUSE,  N.  Y.,  JANXARY  19.  20.  1911 


'Ourselves" 


The  Hon.  Mk.  JL'STKH  WILLIAM 
RENVVICK   RIDDKLL 

of    rORONlO  <Km«s  Itench  Divn.  H.  C.  .1..  Oni.) 
In   Response  t(t  tlie   IV.ast  ;il  ttle 

ANNUAL   DINNER 

OF    IHE 

New  York  State  Bar  Association 


SYRACUSE,  N.  Y.,  JANUARY  19.  20,   1911 


OURSKLVHS" 


Mr.  (  hairinaii.  I  atlitr-  and  linihriii  upon  \\w  llfiuli. 
.  Ill  iii>  IjU'iliriii  of  iln'  1  ;iH  Sr.iivly  nf  ilu'  Sl:ili'  oi  N'tw 
York  —  and  ymi,  \i'  (;oilili'>.i'-  i  a|i|>liiii>i' i.  uln.  ilci^jii  tn 
(jlorify  "iir  niKM'tiliiit'  nni'l^  wiili  ilii-  Jiariii  nf  licanilfnl 
atul  ^rai'iciK  uonianlitKid, - 

I  ventiiri;  In  hinut  lliat  llu'  i  '^  sniiietliiiiK  iii  a  M'al  ii|)iiii 
the  Ui-iitli  wliiili  i«  oiiidiuivv  ^'nwtli  in  h^-m^  and  virtue. 
Kur  at  tlir  la.si  Mar  Dinnir  wlndi  I  liail  tho  pliasiire  uf 
attending'  I  litard  till'  Icarni'd  I'liii't  Jnstice  ul  Ontario  say 
that  wlirn  lie  received  an  invuation  to  lliat  dinner,  lie  hesi- 
tated for  >]nit  time  Hhellier  he  on',dit  not  rather  to  stay  at 
hemic  and  write  a  jiidnmenl  —  or  pa;l  of  one  —  and  that  it 
was  <]nly  after  a  ■•trii(;j;le  tliai  he  inaile  up  his  mind  to  eonie 
out  and  "have  a  nielli  with  the  hoys."  I  use  the  learned 
Chief  Justice's  own  terminology ;  and  I  daresay  the  memiwrs 
of  tins  Bar  .\ssofialii>n  will  entirely  appreciate  what  My 
Lord  nies  Now.   so   far  as   I   ani  concerncil,   when   I 

received  I  -  invitation  .o  attend  this  liar  dinner,  I  call 
yuur  Secretary,  Mr.  Wadhaius.  to  hear  witness,  that  hy  the 
very  next  mail  he  received  a  letter  sayinj;  that  wild  horses 
wouUl  not  kee|)  me  away  (laughter! — I  was  absolutely 
unable  to  observe  the  shadow  of  a  shade  of  anything 
ren-otely  resembling  even  thj  embryo  of  a  strnyyle  when 
I  received  an  invitation  to  have  a  dinner  with  the  boys. 
( .\pplause.  1  I  vent. ire  1"  liojie  that  it  is  only  the  learned 
Chief  Ju.stice's  hinder  years  u|)oii  the  Bench  which 
enables  him  to  rise  to  that  Iicifjht  of  virtue,  and  it 
was  only  my  comparative  youth  upon  the  liench  which 
caused  me  to  choose  the  primriise  path  an<l  insist  on  being 
present  once  more  with  you.     (.\pplause. )     If  not.  I  am 


i 

V 


indeed  in  a  parlous  state.  You  all  know  the  story  of  St. 
Augustine,  doubtless  —  my  friend,  Mr.  Kelly,  who  is  more 
of  a  Patristic  scholar  than  I,  will  correct  ine  if  I  am  wrong 
—  but  my  recollection  is  that  in  his  unregenerate  days  he 
was  wont  to  pray.  "  O  l.ord,  make  me  a  better  man,  but 
not  yet  for  a  while."  (Laughter.)  Or  perhaps  I  might 
,,„ote  your  own  .\braham  Lincoln  — for  it  is  said  in  the 
only  lapse  into  iKjetry  of  whicli  he  was  ever  guilty,  he  pro- 
duced this  beautiful  couplet: 

■'  It  is  .\l)r;iliiiiu  I-iiicoln  ln)lds  this  pen, 
He  will  be  Riiwd  l>iit  God  knows  wlien." 
There  is  something,  as  tlie  learned  Chief  Justice  who 
spoke  before  me  has  said,   of  solidarity   among  lawyers 
which  causes  them  to  draw  together,  to  associate  one  with 
the  othar  — and  you  notice.^ I  trust,  that  I  still  arrogate  to 
myself   the   title  of   lawyci.   although   I   know   it   would 
be  very  hard  indeed  to  ctjuvince  the  members  of  my  own 
Bar  of  the  fact  that  I  am  still  a  lawyer.   (Laughter.)   Now, 
do  not  misunderstand  me.     I  do  not  mean  the  whole  Bar; 
because    I   know   very    well    that   whenever   a   judgment 
appears    subscribed    "William    Renwick    Riddell,    J."— 
you  know  that  we  Judges  in  Ontario  do  not  hesitate  to  call 
ourse'ves  J.— although  I  believe  my  brethren  on  the  Bench 
of  the  State  of  New  York  rather  apply  that  title  to  their 
colleagues  (laughter)- however  that  may  be,  whenever  a 
judgment  appears  subscribed  in  the  manner  I  have  men- 
tioned, I  know  there  is  at  least  one  and  sometimes  more 
members  of  the  Bar  of  the  Province  of  Ontario  who  are 
struck  with  the  legal  acumen  I  display,  the  knowledge  of  law, 
the  ability  to  appreciate,  to  understand  and  to  apply  a  really 
sound  legal  argument.    I  admit  that  there  is  an  equal  num- 
ber  perhaps  more,  who  shake  their  heads  in  sorrow  that 
a  nian  like  that  should  have  received  His  Majesty's  paient, 
a  n-an  who  doesn't  know  '.a  a  when  he  sees  it.and  either  can't 


or  \von"t  learn.  (.)f  coiirst-.  yoit  all  know  the  alternatives 
a  lawyer  lias  wlien  lie  lias  been  "  turned  ilown  " —  I  tliiiik 
that  is  the  correct  expres^inn  —  when  a  lawyer  has  lieeii 
"turned  down"  he  has  at  least  two  alternatives,  one  of 
these  is  to  appeal,  the  other  is  to  };o  across  to  the 
tavern  and  take  one  or  more  drniks  and  damn  the  Jiidf;e. 
(Applanse. )  1  think  it  was  (.on^icvc.  the  h'.iifjlish  poet, 
who  said,  "  Hell  hath  no  fnry  like  to  lawyers  corned." 
(Laughter. )  If  that  was  ever  trne,  its  truth  has  not  heonie 
less  or  stale  In  the  la]ise  of  time. 

You   will  grant   me.  at  least   provisionally,   the  title  of 
lawyer  and  let  me  ]iroceed  with  my  invesiigation. 

We  lawyers  are  members  of  a  liberal  and  a  learned  pro- 
fession. We  are  not  mere  handicraftsmen,  base  mechan- 
icals—no donht  my  friend,  the  Chancellor  of  the  Uni- 
versity, who  is  here,  will  expect  me  to  use  the  (ireek  term, 
Banaiisoi,  clicirolcchmii  —  we  are  not  mere  bread  :md 
butter  workers.  Xow,  it  is  true  that  our  profession  does 
furnish  us  bread  and  lintler,  sometimes  very  little  more; 
hut  while  we  ilo  work  for  money,  which  is,  indeed, 
sometimes  cast  up  against  us  as  a  reproach,  as  a  sin 
perhaps,  certainlv  a  weakness,  I  have  not  found  anybody 
yet  who  does  work,  that  does  not  work  for  money.  Not 
very  long  ago  1  had  the  pleasure  of  addressing  an  audience 
of  medical  men  —  and.  really.  1  want  to  tell  you.  to  make  the 
confession  here,  that  you  will  tind  nieilical  men  fairly 
intelligent  once  you  understand  their  terminology.  (Laugh- 
ter.)  1  was  s]icaking  to  them  about  this  very  thing;  and  I 
ventured  to  say  diat  the  farmer  is  not  wholly  altruistic  — 
the  farmer  does  not  till  his  soil  simply  for  the  benefit  of 
the  State.  The  shopkeeper  would  close  his  shop  very 
quickly  if  his  bills  were  not  paid.  Our  friends  on  the  Press 
have  been  known  on  occasion  to  bill  their  services  at  say 


thirty-five  cents  a  line;  and  the  daiigliter  of  the  clergyman 
who  had  received  a  call  to  another  city  at  a  larger  salary, 
when  asked  whether  her  father  was  going  to  accept,  said, 
"  Well,  father  is  in  the  library  praying  for  guidance,  but 
mother  has  started  packing  up."  (Laughter.)  And  we  are 
told  about  that  "  chieftain  to  the  highlands  bound  "  who 
cried : 

"  Boatman,  do  not  tarry, 

I  will  give  you  a  silver  pound 
To  row  me  o'er  tile  ferry." 

I'lien  up  and  "spoke  tliat  iliKliland  wight. 

'I'll  go,  my  chief,  I'm  ready. 

It  is  not  for  your  silver  hright. 

But  for  your  winsome  lady.'  " 

The  poet  being  a  Scotsman,  and  therefore  truthful,  does 
not  tell  you,  does  not  deny  that  before  the  boat  left  the 
dock  that  silver  pound  was  safely  ensconced  in  the  sailor's 
sporran.  At  all  events,  if  the  lligltlandnian  did  omit  that 
trifling  formality,  he  was  quite  dififerent  from  his  fellow 
countryman  who  was  spoken  of  by  "  Punch  "  the  other  day. 
He  was  ferrying  a  number  of  passengers  across  the  strait 
and  a  storm  sprang  up,  and  he  said,  "  There  is  nae  saying 
what  may  happen,  sae  Aw'll  just  tak'  your  fares  noo." 
(Laughter.) 

Now,  it  is  true  that  we  work  tor  money,  but  that  is  the 
very  least  of  our  objects.  Members  of  a  liberal  and  a 
learned  profession,  our  object  and  our  desire  is  the  search 
for  truth  of  law  and  of  fact  —  the  vindication  of  the  rights 
of  the  oppressed  and  the  iimocent,  the  punishment  of  the 
oppressor  and  the  criininal,  the  advancement  of  what  is 
just  and  right.  The  lawyer,  too,  when  he  accepts  his 
client's  retainer,  forgets  everything,  except  the  laws  of 
honor,  which  may  conflict  with  his  client's  interest.     The 


weapon  which  he  carries  is  the  sword  of  tlie  warrior  and 
not  the  dagger  of  the  assassin.     ( Applanso. )     But  lie  must 
wield  that  sword  in  every  manner  in  which  an  lionorahle 
warrior  may  or  can.      I  (e  is  recruited  not  for  si.xty  davs.  hut 
is  enhsted  for  the  war.     .And  is  it  ncjt  that  very  thing,  that 
laboring  and  toiling  for  others  while  at  the  same  time  we 
labor  and  toil  for  ourselves,  ( —  and  is  it  not  part  of  the  gen- 
eral fitness  of  tilings  that  the  more  one  labors  and  succeeds 
for  his  clients  the  more  he  labors  and  succee<ls  for  bim.self  ? ) 
—  and  is  it.  I  say.  not  that  very  thing,  that  constant  toil 
and    that    work   and    care    for   another    which    makes   the 
lawyer  the  natural  born  leader  of  men?     I'or  it  is  common 
knowledge  that  that  cause  ( speaking  secularly  ).  that  cause 
is  foredoomed  to  failure  which  is  not  headed  by  a  lawyer. 
I    noticed    that    a    couple    of    months    ago    von    selected 
as  tlie  executive  head  of  your  State  a  manufacturer  instead 
of  a  lawyer:  but   I  also  noticed  that  as  soon  as  he  was 
-sworn  in.  he  immediately  selected  a  private  counsel  —  I  take 
it  to  keep  him  siraiglu.     (  Laughter. )     It  m.-iy  be  that  that 
manufacturer  will  be  e(|ually  effective  — as  effective  as  the 
la\\yer   almost    certainly    would    have    been.      Xcjw.    it    ill 
l)ecomes  an  outsider,  even  although  he  is  not  an  alien  or  a 
foreigner  —  and  last  year  those  of  you  who  heard  me.  hearrl 
me  repudiate  the  idea  that  I.  a  Canadian,  speaking  ICnglish. 
and  under  English  law.  was  a  foreigner  or  an  alien  in  a  coun- 
try in  which  you  speak  F.uglish  and  in  which  the  jurispru- 
dence is  based  upon  the  linglish  common  law.     (.\pplause.  i 
If  last  year  I  was  not  an  alien  or  a  foreigner  when  I  met  you 
for  the  first  time,  how  much  less  this  time,  when  I  am  one 
of  you?     f. Applause.)     And  I  would  say  also  that  I  am 
"  one  of  the  boys."     It  would  ill  become  me.  however,  being 
an  outsider  at  least,  to  trespass  upon  your  domestic  affairs, 
rush  in  like  a  fool  where  angels  might  fear  to  tread.    Any- 
one who  was  tempted  to  do  anything  of  the  kind  might 


8 

remember  the  story  of  little  Robbie,  ten  years  old.  who  was 
playing  down  at  the  corner  of  the  street  with  the  neigbljor 
boys.  His  mother  beard  him  saying  sometbin);,  and 
she  said,  "  Robert.  I  never  expected  to  bear  you  swear." 
"  Why,"  he  says,  "  mother,  I  wasn't  swearing,  I  wasn't 
swearing  at  all.  all  1  said  w  as  '  the  devil ' ;  and  that  isn't 
swearing."  "  Well,"  she  says,  "  Robert,  it  may  not  be 
swearing,  my  boy,  but  it  is  certaiitly  making  light  of  sacred 
things."  (Laughter.)  I  have  .some  fear  lest  I  might  be 
thought  to  be  making  bg!u  of  sacred  things  if  I  ventured 
to  suggest  that  some  at  least  of  the  votes  which  were 
switched  —  liave  I  the  correct  terminology?  (C.  J. 
Andrews,  "Yes.") — some  of  the  votes  which  were 
switched  to  the  manufacturer  from  the  lawyer  may  have 
been  inclined  that  way  by  reason  of  the  fact  that  a  not 
unknown  supporter  of  the  lawyer  ventured  to  speak  in  lan- 
guage hitherto  unknown  to  the  ears  of  the  people  of  this 
State,  of  the  members  of  a  dignified  tribunal,  of  a  tribunal 
which  is  known  and  admired  and  revered  wherever  the 
English  language  is  spoken.  (.Applause.  I  .\nd  far 
beyond;  for  wherever  law.  the  invention  and  gift  of  the 
gods,  is  revered  as  a  science  or  respected  as  .in  art.  the  name 
of  the  Supreme  Court  of  the  United  States  is  at  the  very 
ape.x  of  reverence.      ( -Applause. ) 

The  lawyer  has  ever  bi  i  in  the  forefront  of  the  fight 
for  freedom,  whether  in  I'rance.  or  in  Kngland  or  the 
United  States.  We  boast  of  freedom,  you  and  I.  and  we 
say 

"  Wc  niii.st  be  free  or  die  who  .^pe:ik  tlic  tongue 
'tli.-lt  Sliakspere  spake,  tile  faith  ami  morals  hoKl 

Th.-it  Milton  held.     Everything  wc  are  spnnii? 
Of  earth's  first  l)l«)cl,  have  titles  manifold  ;" 

but  that  freedotn  which  we  enjoy  is  freedoin  under  the  law, 
and  the  law  is  in  a  large  measure  the  work  of  lawyers  — 


and  were  it  not  for  lawyers,  law  amid  never  have  liecn. 
When  man  first  made  liis  a]i|)carance  in  histnry,  whether 
by  evolution  upwards,  or  dcvoUnirm  downwards  —  that  I 
leave  theologians  and  scientists  to  determine  —  lie  was 
little  removed  from  the  lirute.  As  lie  developed  and 
showed  himself  to  be  a  social  animal  it  was  necessary  that 
some  rule  should  be  laid  down  tor  his  government.  Obedi- 
ence to  that  rule  was  ri;jlit.  disobedience  was  wroni^,  a  sin. 
But  two  courses  could  be  followed  when  one's  rights  were 
invaded.  Either  he  miglit  vindicate  liis  rights  by  his  own 
strong  right  arm,  if  be  could  —  apply 

Ttic  unoil  oM  rule    *    *    ♦    • 

*     *     *     *     the   simple  plan 
That  thfy  should  take  wiio  havr  llic  pnwtT 

And  Ihey  fiimulj  keep  who  t.-m 

That  is  the  state  of  anarchy,  the  .state  tliat  is  mentioned 
in  the  good  old  book,  "  In  those  day  s  there  was  no  king 
in  Israel,  but  every  man  did  that  which  was  right  in  his 
own  eyes."  The  other  course  was  the  submission  of  rights 
and  wrongs  to  the  arbitrament  of  a  tribunal;  and  that 
tribunal,  call  it  by  what  name  you  w  ill,  is  a  Court :  and  as 
Courts  advanced  and  club  law  went  down,  so  civilization 
advanced.  And  these  reacted  on  cacli  other  because  as 
civilization  advanced  so  club  law  went  down  and  Courts 
went  up  and  Courts  became  stronger  and  stronger  and 
stronger.  The  Court  Baron  gr.-  way  to  the  Royal  Court, 
the  Royal  Court  at  Westminsti-  the  power  of  the  Baron 
ceased  and  the  power  of  the  Judge  in  the  Court  became 
greater;  and  a  great  operating  cause  in  the  elevation 
of  the  Court  was  the  formation  of  a  strong  and 
independent  Bar.  Because  history  is  the  same  wherever 
we  look.  When  one  speaks  of  .Athens  one  remembers  that 
Athens  had  probably  the  strongest  Bar  which  ever  existed. 


In  ancient  Rome  the  jurisconsult  was  the  man  alio  made 
the  law.  and  the  Judfje  was  Init  tlie  tcmiwrary  accident  of 
the  times.  So  in  Kn);lan<i  from  the  time  of  tlie  early 
Plantagenets  a  strong  liar  began  to  be  formed.  That  Bar 
gathered  annmd  the  King's  Court;  and  again  action  and 
reaction  took  place.  'I'he  stnjnger  the  liar  the  stronger  the 
Bench,  the  greater  tlie  Hench  ni;cessa''ly  the  stronger  the 
Bar. 

And  as  time  weni  on,  then  this  nation  came  to  be 
formed.  The  i)e(>i)le  of  tliis  nation  drew,  as  they  believed, 
the  ti'ie  principles  of  government  from  the  Knglish  Consti- 
tution and  from  the  Constitntif)ns  of  other  countries, 
ancient  and  modern,  according  as  they  believed  these  con- 
tained and  set  out  the  rules  desired.  They  believed 
that  they  introduced  the  true  methods  of  government,  the 
true  principles  of  legislation,  of  government,  into  the 
immortal  Constitution  of  the  United  States;  and  in  fact 
for  the  first  time  in  the  history  of  any  nation  and 
the  only  time  in  history  so  far  of  any  nation,  all 
the  po-vers  of  the  people,  all  the  powers  of  the  Legislature, 
all  the  powers  of  the  Executive  were  submitted  to  the 
power  of  the  Court ;  and  that  is  one  of  the  greatest  glories 
even  of  this  great  and  glorious  nation.  (.Applause.)  In 
Canada  as  in  England  we  have  no  such  constitutional 
limitations ;  but  in  Canada  as  in  luigland  and  in  e\  cry  free 
country,  the  freedom  we  enjoy  is  freedom  mider  the 
law,  and  what  protects  us  is  the  power  and  strength  of  the 
Courts :  and  the  Courts  remain  strong  and  powerful  because 
they  are  backed  by  an  independent,  learned  and  able  Bar. 
Thus,  as  time  has  gone  by,  as  I  have  said,  so  the  Courts 
have  become  more  and  inore  powerful. 

You  all  know  the  story  of  the  Boston  streets.  How 
some  three  centuries  ago  a  calf  walked  througli  the  pri- 


II 

iiH-val  HcKiil,  iinil  waiiilfrin;;  lioiiie,  as  jjooil  calves  sliinild. 
left  beliind  a  Hail  askew,  a  « imliiiK  patli.  as  all  calves 
(III.  and  ihen  llic  next  day  a  dof;  eanie  alunK  and  la- 
saw  '.his  irail  ready  made  thn>n(,di  the  primeval  wimd 
and  he  fullnwed  the  trail,  and  llie  next  day  came  a  hell 
wether  with  his  tlock  tnllciwinj;  and  they,  (if  conrsc.  fol- 
lowed, and  the  cows  and  cattle  and  the  lior.ses  came 
along,  and  the  men  walking  saw  the  track  ready  made, 
and  they  followed  the  track.  'I'lien.  when  it  came  to  make 
an  ox-cart  road,  it  made  not  much  difference  in  a  primeval 
wood  like  that  where  they  chopped  down  the  trees,  and 
they  chopped  dosvn  the  trees  along  that  old  calf's  path,  the 
calf  by  this  time  having  become  a  mother,  a  grandmother 
anil  a  great  grandmother,  and  necessarily  passed  to  her 
fathers  —  and  into  the  stomachs  of  the  Pnritans.  I  Laugh- 
ter. )  Then  a  village  is  formed,  and  the  village  street 
follows  the  old  ox  road;  and  the  town  grows  np  and 
brick  makes  its  appearance  and  the  shops  and  the  stores 
and  the  blacksniith  shop  and  the  chnrch  and  the  school- 
honse  are  all  hnilt  along  the  old  calf  path;  and  the  city 
grows  and  at  last  becomes  a  city  of.  I  hate  to  say  how  many 
hundred  thousand  inhabitants,  for  if  I  exaggerate  it  will 
hurt  somebody's  feelings,  1  if  I  make  it  too  low  there 
may  be  somebody  here  fr.  n  Boston  and  I  might  never 
hear  the  end  of  it.  In  the  long  run  we  have  a  hundred 
thousand  men  every  day  led  by  that  dead  calf  along  that 
wa_\'.  and  they  twist  and  turn  and  twist  about  and  use  lan- 
guage which  I  wi)uUl  not  like  to  employ  in  the  presence  of 
ladies,  and  every  day  a  hundred  thousand  men  pass  along 
and  they  lose  a  hundred  years  every  day.  and  all  on  account 
of  that  calf  that  has  been  dead  three  hundred  years. 

It  was  thought  that  as  in  olden  times  trouble  between  sub- 
ject and  subject,  and  clan  and  clan,  and  nation  and  nation, 


r 


had  to  be  decided  by  the  stronf;  riRht  arm  reinforced  by 
a  club,  so  in  international  matters  it  was  thought  that  the 
old  plan  was  the  best  plan  after  all,  and  until  very  recent 
times  indeed  nobody  iniafjined  for  a  single  moment  that 
trouble  between  nations  shottlil  not  be  sclllcd  by  the  club. 
I  don't  care  whether  you  have  flailing  guns  or  whether  yon 
have  swords;  the  sword  is  just  an  cvcilution  from  the  Oid 
club,  and  the  Galling  gun  is  just  the  modern  counte-pait 
of  the  stone  that  our  ancestors  used  to  throw  at  each  other. 
But  a  better  law  has  sprung  up  Xow  we  have  gone  fur- 
ther, people  liave  come  to  the  conclusion  that  the  eternal 
principles  of  justice  and  right  are  just  aa  binding  upon 
nations,  the  members  of  the  great  confederacy  of  nations 
upon  the  earth,  as  they  are  u|K)n  single  individuals,  the 
members  of  a  State;  that  right  may  not  be  determined  by 
strength  of  armament  and  thai  no  nation  can  e.xpect  to  be 
an  indi.peudent  arbitrator  in  its  own  cause.  Great  Britain 
and  the  United  States,  since  1784  to  1910,  have  had  treaty 
after  treaty  submitting  this  (|ucstion  and  that  to  the  inde- 
pendent arbitrament  of  independent  tribunals.  I  have  at 
another  time,  and  before  another  audience,  detailed  the 
various  treaties  which  have  taken  place  between  your  coun- 
try and  mine.  Nineteen  separate  ipiestions  have  been 
referred,  and  in  the  case  of  all  but  five  the  reference  has  been 
triumphartly  successful;  and  for  one  hundred  years  there 
Ihis  been  no  war  between  these  two  nations.  For  one  hun- 
dred years,  or  nearly  that,  there  has  been  no  armed  ship  upon 
our  Great  L.".kes.  For  more  than  one  hundred  years  we 
have  been  using  our  common  sense  —  for  it  all  comes  back 
lo  that  —  and  there  is  not  so  much  as  an  earthen  fortifica- 
tion along  the  four  thousand  miles  of  our  international 
boundary.  (Applause.)  We  have  in  existence  two 
treaties,  one  which  governs  all  British  territories,  one  which 


'3 


is  concerni'il  with  Canada  alum-.  hIiIi-Ii  pmviilc  fnr  tli» 
stilHilissiim  rif  all  (|Ui'>tiipii^  in  (li>|iiiic  t,i  indquMiilcnt  trll)ii- 
nals.  I  liii|H.'  ilie  iluor  ul  lliis  rnum  is  i-losnl.  I  lioiw 
there  is  nn  re|«irtcr  Imi  mir  .wn  —  I  kmiw  I  can  kill 
liini  if  it  lie  ni'ci  ssaiv — I  am  j;.>inj,'  in  tell  yun  a  secret. 
W'l'nld  yini  ln-li.-vc  it?  uc  1\mi  iialicins  liave  heen  livinj; 
tiiKelluT  for  (ivcr  twenty  years  mi  a  iiimliis  -,i:riiiU 
tl:at  everybody  thon(;lit  had  Kone  hy  the  hoard  long  ago; 
in  iKHS.  when  a  treaty  v\as  signeil  hy  liayaril  and  Cham- 
berlain, a  uuiiliis  ;  irnidi  was  entered  into  hetwcen  the  con- 
tracting parties  in  the  expectation  tliat  the  Senate  woiilt" 
confirm  the  treaty,  hut  when  the  Senate  failed  to  confirm 
the  treaty,  why,  yon  and  wc  jnst  went  along  in  the  saine 
way  we  had  arranged  for  the  iiilcriin.  and  for  twenty-three 
years  ve  have  heen  living  (jn  lliat  thing  v  ch  is  not  agreed 
in  writing  or  (Jtherwi.'j,  hm  whicli  de|ien(ls  upon  our 
own  plain  common  sense.  (Wpplausc.  i  The  Senate  of 
the  United  States  may  fail  to  ap])rovc  of  a  treaty,  hut  they 
cannot  prevent  you  anil  me,  your  nation  and  my  nation 
living  together  in  amity  and  peace.     ( .\pplausc. ) 

.\nother  treaty  is  now  on  the  hoards  that  may  l)e  ratified. 
That  may  lie  more  far-reaching  even  than  those  two  treaties 
which  now  exist.  If  so,  if  it  he  successful,  hy  whatever 
name  it  he  known  in  history,  it  ought  to  have  attached  to 
it  only  two  names,  one  a  christian  name  and  the  other  a 
family  name,  and  these  two  names  are  lilihtt  Root. 
(Applause.)  Because  it  is  your  President  inore  than  any 
other  man,  or  any  body  of  men.  who  is  responsible, 
and  ought  to  \k  thanked  for  that  condition  of  affairs. 
( .\pplause. ) 

The  lawyer  is  in  power  in  Mngland :  the  lawyer  has  at 
last  attained  his  proiwr  iiositioii  at  the  head  of  affairs 
there.     It  is  well  that  the  lawyer  is  in  control  in   Eng- 


»4 

laml.     Ill    Ottawa,    tlic    I'miikr    n!    tlic    DiMiiininn    aii.l 
the  leader  of  tlie  <.i.|><>siti„ii  are  l«.lli  lawyers.     In  Wasli^ 
iiiBton  the  i:xeciiiive,  yciiir  I'rcsiilent,  is  a  lawyer  of  the 
very  liiKhest  ty|w.     (Applause.)     He  has  siirnmiKled  him- 
self by  lawyers  of  cptal  liiKli  class,  one  of  whom  you  heard 
last  eveniiit;  and  heard  a^aiii  this  evcniiit;  with  the  utmost 
delight.     (Applause.  1     I  may  lie  ipiite  wrong,  hut  it  sctnis 
to  me  that  I  can  see  the  providence  of  (iinl,  the  -■      i  of 
God  hroo<liiiK  "Ver  this  coiiliiient   as  that   spirit   l.rooded 
over  the  waters  of  the  mighty  deep  lieforc  creation's  dawn, 
when  all  was  chaos,  without  form  and  void.     I  wcjuld  not 
if  I  could.  1  could  not  if  I  would  say  one  word  in  deroga- 
tion of  that   very  great  .\incrican  who  was  tlie  opjionent 
of   William    Howard   Taft   at   the   last   election.      William 
Jennings  Bryan  must  l>e  a  man  of  great  ability  as  well  as 
an  exceedingly  lovable  Plan  or  he  coulil  not  have  won  die 
heartfelt  devotion  of  hundreds  of  thousands  of  .\nicrican.s 
whose  heads  are  hard  if  their  hearts  are  warm.  (.Applause. ) 
Nor  may  we  lawyers  arrogate  to  ourselves  all  the  |)olitical 
any  more  than  all  the  moral  virtues.     This  great  nation 
bears  in  its  heart  the  name  of  their  mighty  first  President, 
the  land  surveyor  of  \'irginia;  and  we  in  Canada  will  never 
forget    the    working    njierative    stone    mason,    .\lcxander 
Mackenzie,  our  second  I'rinie  Minister.     On  this  ror.linent 
one  does  not  break  his  birth's  invidious  bar  sinipiv  because 
there  is  no  birth's  invidious  bar  to  break  :  nor  r!oes  one's  pa.st 
occupation    prevent    him    attaining    any    i.osition;    and    it 
might  well  have  l)een   that  the  editor  of  Lincoln   would 
turn  out  to  be  one  of  your  greatest  presidents.     Hut  he 
had    not    been    tried  —  there    \\a;    nothing    in    his    past 
from  which  one  could  judge  how  he  would  fill  the  great 
office  of  President  of  the  United  States.    William  Howard 
Taft  had  been  tried  in  the  fire,  he  had  been  weighed  in  the 


balance  ami  he  Imrl  imt  W-en  fciimd  Hantiiif,'.  (Applause.) 
The  priiiUiit.  thi-  inrlepemknt  districi  attorney,  llie  able, 
eriulile,  careful  Jml^e.  the  firni  but  s_vni|)allielic  and 
kinilly  —  oh.  hmv  kindly,  iiiilli.ni,  ,,i  brcuvn-faccd  brethren 
of  the  prcsem  aj;e  do  know  and  of  the  future  will  know — 
the  k;ndly  governor,  the  able,  ri'liahle  .Secretary,  all  gave 
bail  f  jr  the  honorable,  firm,  syni]  athetic,  kindly,  honest 
President,  (.\pplause. )  .My  breibrcn  of  the  liar  .Associa- 
tion of  the  Stale  of  .New  Nork,  make  i,o  mistake  —  notwith- 
standing  the  jeer  and  ),'it)e  of  the  jester  ;.nd  the  paragraplier 
that  old  adage  still  stands  true,  ".\n  honist  man  is  the 
noblest  work  of  (iod."     (.Applause.) 

I,  as  a  I'anadian,  .say  of  William  Howanl  Taft  that 
lie  vas  the  first  of  your  I'residents  who  knew  Ca.iadians, 
who  bad  lived  .inujiigst  tliem.  who  apprejiated  them,  who 
nnderstood  ihei  instincts  and  nnilerstood  the  desires  of 
their  lican.  fie  knew  that  Canadians  were  proud  of  their 
British  origin  and  proud  of  their  liritisli  institutions,  and 
that  they  were  determined,  remaining  liritisli,  to  ma'.c 
their  beautiful  land,  which,  like  yours,  spreads  from 
the  .Atlantic  to  the  Pacific,  to  make  that  l)eaiitiful 
land  the  leading  member  of  the  ISritisli  hjiipirc.  Know- 
ing that,  he  never  failed  to  say  the  kindly  word  to  or 
for  Canada.  He  iie\er  faile<l  to  do  the  kindly  act  towards 
or  for  Canada.  He  never  failed  to  understand  the  Cana- 
dian's point  of  view  ;  and  w  hen  he  found  an  opportunity 

as  he  did  not  long  after  his  inauguration  —  to  do  a  kindly 
act  by  Canada  he  did  not  let  that  opixjrtunity  pass;  and  I 
am  proud  to  say  we  nixjn  our  side  have  a  man,  the  most 
pictures(pie  and  in  my  view  one  of  the  greatest  men  in 
liritish  territory  to-<lay.  who  is  not  l>ehind  William  Howard 
Taft  in  his  desire  that  your  jjeople  and  mine,  my  brethren, 
shall  live  together  in  jieace  and  amity  —  Sir  Wilfrid  Laurier. 
lause.)     When  it  was  necessary  that  we  should  lower 


i6 


our  (Units  ii|Km  lliirti'fii  >i|>riit\cil  arliilcs,  animn;  them  [)er- 
liiimTv,  ill  iirili-r  lli.it  iIiitc  -hntM  \k  iik  war  r.f  mrilT  as 
Ifiwccn  your  inuiiiry  aii>l  luiiii-,  lie  siiil  in  lii<  place  in  I'ar- 
liamenl,  uuiler  his  resiwmsilijlit)  as  Prime  Minister  u,'  the 
l)in>iniiiu  of  Canadi,  "  Nut  thirteeii  or  three  huudreil  arti- 
cles, not  all  the  |>erfuinery  in  Canaila  or  in  the  rnite<l  States, 
or  in  the  whole  jjlolic.  can  ln>  auKlit  hul  as  the  small  ilust  of 
the  halance  coinparcil  «illi  the  friendship  of  the  iKMpIc  of 
the  I'nited  ."slates." 

Air.  Taft,  Icmj,  has  made  himself  the  ajMjstle  of  |icace, 
he  has  made  that  one  of  the  ^real  ohjects  of  his  adniin- 
istralion.  ( .\pplause, )  .Not  a  month  aRo.  in  Washing- 
ton, my  Canadian  and  Hritisli  heart  was  rejoiceil  to  see 
haiiKiiiK  u|)on  the  wall  of  a  Iwantifnl  l>an(|ucti"f;  cliamlier 
there  at  a  l)an(|uet  at  which  the  Pre'  'ent  o!  the  I'nited 
States  wa.s  the  honored  nmsl,  the  .\iiierican  flag  and  the 
British  flag  of  ecpial  size,  of  the  same  material,  of  eipial 
beauty,  united  with  that  most  Iwautifiil  of  all  Latin  words, 
"  Pax."  My  heart  rejoiced  when  I  saw  that;  but  that  was 
nothing  compared  with  the  delight  which  must  have  filled 
the  heart  of  every  lover  of  jieace  when  he  read  those 
magnificent  words  of  the  President  of  the  United  States, 
epoch-making  words  —  I  have  heard  in  the  British  House 
of  Commons,  Gladstone  deliver  some  of  his  most  mcgnifi- 
cent  addresses,  I  have  heard  the  great  orators  not  only  in 
the  British  House  of  Commons,  but  in  our  own  —  and  we 
have  orators  —  but  there  are  no  words  which  touched  my 
heart,  nor  I  believe  the  heart  of  every  right  thinking  man 
more  than  these  splendid  w  ords  of  President  Taft :  "  There 
is  no  reason  why  there  should  not  he  submitted  to  judicial 
arbitrament  every  international  question  whether  it  refers 
to  mom.,  or  territory  or  national  honor."  (.Vpplause.) 
When  the  President  of  the  United  States  can  say  that,  and 
when  the  whole  British  House  of  Commons  can  unite  with 


him  in  sajiiij;  it  hIwii  these  tWD  great  naliiMi*.  the  Krcate«l 
and  the  ucahhie*!  in  the  world,  or  tlial  the  world  ever  saw. 
when  nations  like  these  can  say  the^e  wonls  the  day  of  |ieace 
is  nut  far  distant,  nay,  the  day  is  already  hrtakinK  in  the  east. 
And  is  that  to  be?  .\re  these  two  nations  Hhicli  Carlyle 
says  are  not  properly  two  nations,  luit  one.  insepaiahle  hy 
any  human  |Knver  or  iliplomaiy.  lainj;  already  united  by 
heavens  act  of  parliament  and  naliue  anil  practical  inter- 
course—are these  two  nations  al...ve  whom  lloat  llaKS 
which  are  red  because  dye.l  with  the  blood  of  a  million 
heroes,  these  two  nations  whose  history  is  a  Uadroll  of 
fame,  full  of  deeils  of  heroism  and  valor  and  patriotic  self- 
sacnrice.  two  nations  proud,  self  reliant,  with  that  chastity 
of  honor  which  feels  a  stain  like  a  wound,  are  these  two 
nations  to  tliiiK  away  the  sword  which  they  can  both  wield  so 
well  and  say.  "As  for  us  and  our  house  we  will  serve  the 
I-ord  of  Peace  '.=  If  so.  the  day  of  in^acc  is  not  coming, 
but  it  has  already  come  —  and  your  place  and  mine,  my 
brethren,  in  that  is  writ  large.  The  day  of  the  brute  has 
gone,  the  d!>y  of  the  soldier  is  waning  toward  its  '.luse, 
the  day  of  ..le  lawyer  is  here  when  you  and  I  see  these 
iwo  nations  go  forth  togfiJiiT  with  peace  .n  their  right 
hand.  I'hat  union  will  he  gramler  and  more  glorious  and 
more  magnificent  than  even  this  Xation  of  States,  great 
and  grand  and  glorious  and  niagniticent  as  it  is:  and  we 
will  cry,  using  the  words  of  your  own  poet  in  larger  and 
fuller  and  sweeter  significance  and  signification: 

"Sail  on.  O  Ship  of  Stalt! 
Sail  on.  O  Union,  strong  and  grt    ; ! 
Humanity,  with  all  its  (tars. 
With  all  the  hopts  .-"f  future  years 
Is  hanging  breathless  on  thy  fate. 
Our  hearts,  our  l,npe«.  are  all  with  thee ; 
Our  hearts,  our  hopes,  our  prayers,  our  tears. 
Our  faith  triumphant  o'er  our  fears 
Are  all  with  thee  —  are  all  with  Ihec  1 


i8 


O  vision,  blessed,  beatific !  soon  may  it  b^  realized  in  all  its 
glory  and  grandeur  and  sweetness  and  grace :  for  in  that 
realization  you,  my  brethren,  and  you,  my  sisters,  antl  we 
must  at  length  and  only  then  find  Ourselves.     ( .\pplausc. ) 


